HomeMy WebLinkAboutResolution 06-03 01/17/2006
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RESOLUTION NO 06-03
A RESOLUTION INITIATING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF
SPRINGFIELD AND REQUESTING THAT THE LANE COUNTY LOCAL GOVERNMENT-
BOUNDARY COMMISSION APPROVE THE ANNEXATION BY EXPEDITED PROCESS.
WHEREAS, the City received an application to annex 23.22 acres into the City of Springfield on March
1, 2005, said territory being described as follows:
Township 18 South, Range 2 West, Section 6, Map 41, Tax Lot 4800 as more particularly described in
Exhibit A of this Resolution.
WHEREAS, the territory proposed to be annexed is within the Eugene-SpringfieldUrban Growth
Boundary, and is adjacent to the City Limits; and
WHEREAS, the City Council is authorized by ORS 199.490(2)(a)(B) to initiate annexation upon
receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and,
WHEREAS, the property owner of the certain territory described in Exhibit A signed a consent to annex
(Exhibit B); and,
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WHEREAS, no electors reside within the territory; and,
WHEREAS, the City Council is authorized by Springfield Development Code 6.030(2)(a) and ORS
222.111 and other applicable Oregon Revised Statutes to initiate annexation when the territory in the
annexation proposal can be provided with the minimum level of key urban facilities and services in an
orderly and efficient manner as defined in Eugene-Springfield Metro Area General Plan Policy 8; page Il-
BA; and where there will be a logical area and time within which to deliver urban services and facilities;
and
WHEREAS, minimum level key urban facilities and services are defined in the Eugene-Springfield Metro
Area General Plan, page V-3 as wastewater service, stormwater service, solid waste management, water
service, fire and emergency medical services, police protection, city-wide parks and recreation programs,
electric service, land use controls, communications facilities and services, and public schools on a district-
wide basis; and
WHEREAS, the territory proposed to be annexed can be immediately provided with a minimum level of
key urban facilities and services with the exception of stormwater management facilities as described in
Attachment 2, Informational Attachment, Case Number LRP2005-000 1 0; and
WHEREAS, the City Engineer has determined that improvements to the Jasper Slough are required, as
identified by the City in the Public Facilities and Services Plan, to provide stOffi1water service to the
Property and other lands within the City's Urban Growth Boundary (UGB);
WHEREAS, the City Engineer has deteffi1ined that a new stoffi1water treatment facility and outfall into
Jasper Slough are required for stormwater flows from the Property;
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WHEREAS, an annexation agreement has been proposed for execution by the City of Springfield and
Bruce Wiechert (Owner) which will memorialize the Owner's and the City's commitment and agreement
to the ownership and maintenance responsibilities of the storm water management facility and to meet the
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City's requirements for provision of the minimum level of key urban services as required for an
affirmative City recommendation for the annexation request; and
WHEREAS, the City Manager is authorized to forward this resolution supporting the applicant's request
for expedited processing to the Lane County Local Government Boundary Commission when an
annexation agreement is entered into by the City of Springfield and Bruce Wiechert; (Owner) and
WHEREAS, the City supports the applicant's request for expedited Boundary Commission processing.
~NOW THEREFORE BASED ON THE FOREGOING RECITALS, THE COMMON COUNCIL OF
THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS:
Section 1: The Common Council of the City of Springfield does hereby recommend approval of the
annexation of the subject territories to the City by the Lane County Local Government Boundary
Commission, Lane County, Oregon, said territory being described as follows:
Township 18 South, Range 2 West, Section 6, Map 41, Tax Lot 4800 as more particularly
described in Exhibit A of this Resolution.
Section 2: This resolution shall take effect upon adoption by the Common Council of the City of
Springfield and approval by the Mayor.
Section 3: This Council recommendation is contingent upon the execution of an annexation agreement
satisfactory to the City of Springfield. r
Section 4: The City Council recommends that the Boundary Commission approve the proposed
annexation authorized by ORS 199.466 by expedited process without the study, public hearing and
adoption of final order required by ORS 199.461.
Section 5: The City Manltger shall forward this resolution supporting the applicant's request for expedited
processing to the Lane County Local Government Boundary Commission only upon receipt of the of the
executed annexation agreement, entered into by the City of Springfield and Bruce Wiechert.
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ADOPTED by the Common Council of the City of Springfield this .1L.th day of January 20061;>y a vote
of ~ for and --2- against.
APPROVED by the Mayor of the City of Springfield this
ATTEST:
City Rec~ i-o-u.n-
A"~V~~WE~ ~ !:~~~O\J~9
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OFFICE OF CITY ATTORNEY
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EXHIBIT A
Exhibit "A"
Legal Description
of
Property to be Annexed
Assessor's Map 18-02-06-41, Tax Lot 4800
Beginning at the southeast comer of the RR Harper Donation Land Claim No. 66 in Township
18 South, Range 2 West of the Willamette Meridian; thence South 89041'40" East 226.38 feet;
thence North 00018'20" East 628.85 feet; thence South 89050'20" East 258.47 feet to a pipe
marking the southeast comer of the McBee property and the southwest comer of the Greco
property per C.S.F. No. 25459 on file in the office ofthe Lane County Surveyor, said point being
on the current Urban Growth Boundary for the City of Springfield, said point also being the
True Point of Beginning; thence along the current Urban Growth Boundary for the City of
Springfield the following five (5) courses and distances: South 00024'46" West 62.09 feet to a
point in the center of the slough, South 63003'44" East 156.55 feet to a point in the center of the
slough, North 85051'16" East 385.53 feet to a point in the center of the slough, North 56023'46"
East 228.43 feet to a point where the center of the slough intersects with the southerly extension
ofthe west boundary of that certain tract ofland described in Book 375, Page 378, Lane County,
Oregon Deed Records, and North 00018'20" East 57.41 feet more or less to the southwest comer
of the said last described tract; thence leaving the current Urban Growth Boundary for the City of
Springfield and running along the west boundary of the said last described tract North 00018'20"
East 1225.80 feet more or less to a point on the south margin of Jasper Road (County Road No.
49), 30.00 feet from, when measured at right angles to, the centerline of Jasper Road; thence
along the south margin of said Jasper Road North 89018'33" West 720.06 feet more or less to the
projected east line of Parcel 1 of Land Partition Plat No. 93-P0422 as platted and recorded in the
Lane County Partition Plat Records in Lane County, Oregon; thence along the east boundary of
said Land Partition Plat No. 93-P0422 South 00018'20" West 1313.08 feet to the southeast comer
of Parcel 3 of said Land Partition Plat No. 93-P0422, said point being on the current Urban
Growth Boundary for the City of Springfield; thence along the current Urban Growth Boundary
for the City of Springfield South 89007'24" East 6.27 feet more or less to the True Point of
Beginning, all in Lane County, Oregon.
Bearings and distances used hereon are based on C.S.F. Nos. l8725 & 28500 on file in the office
of the Lane County Surveyor.
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EXHIBIT B
SPRINGFIELD
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Phone: (541) 726-3759
Fax: (541) 726-3689
EXPEDITED
Annexation Application
LocationoftheProperty Sou-tYl of :Jo.':.p~
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Assessor's Map(s) and Tax Lot(s) of the property included in the request, (please indicate if only a portion
of a lot is included in the request and attach any additional map and tax lot numbers on a separate sheet of
paper. )
Map # \~ -OJ. ~O~- L.\\
Lot # 4?>co
Lot #
Map #
Map #
Lot #
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Lot #
Area of Request \ 10\ \ I'd.lolo Square Feet or ~~..).),. Acres
ExistingUse(s) of the Property f\';)r. L\J\-hJt"t\\ (r--; Ibc.rT (")C'O'\.c..rO \
Proposed Usee s) of the Property ~ I "'d-e... - hl f"\ 1'\ Y re.. ':11 cA-t () ~ i c.... \
Applicant Name
Address
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Owner Name(s)
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Applicant Signa
The undersigned acknowledges t
the information in this application is correct and accurate.
Date \ /\\)0 f.a
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;;\he owner hereby grants permission for the applicant to act in his/her behalf
-'--., Date \ / \ \ I 0 (0
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If the applicant is other than the 0
Owner Signature
For Office Use Only:
Journal No. LR,P2D0.5- ODOIO ReceivedBy ~ ~tL~.
Map No. Jg-02-D(P-LJI Tax Lot _~
Date Accepted as Complete
Revise
FORM #1
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PETITION
ANNEXATION TO THE CITY OF SPRINGFIELD
TO: LANE COUNTY LOCAL GOVERNMENT BOUNDARY COMMISSION
We, the undersigned, constitute the owners of at least one-half of the land area of the property described in the
attachment marked "Exhibit A" AND
We desire to be annexed to the City of Springfield. A map is attached marked "Exhibit B," showing the
affected territory and its relationship to the present city limit boundaries.
The annexation constitutes a minor boundary change und~r the Boundary Commission Act and should therefore
be considered by the Boundary Commission and, after study, a Final Order should be entered by the Boundary
Commission.
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By GNU. (. -::::. \"'-"'" l. 3'" S
_ Date
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By
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MAP# \'6- D<J. - Oc, . Y\
LOT# l..\ ~ D CJ
MAP#
LOT#
With the above signature, I am verifying that I have the authority to consent
to the annexation on my own behalf or on behalf of my firm, agency or trust.
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Revised 12/28/00
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PETITION SIGNATURE SHEET Owners I Electors
(Note: This petition may be signed by qualified persons,
even though they do not know their tax lot numbers.)
NAME
ADDRESS
(Example) John Doe
135 6th Avenue East, Eugene
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T AX LOT NUMBERS
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Y4 1/16 Lot #
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to CSt: 1.Jt: ~g~
With the above signature, I am verifying that I have the authority to consent to the annexation on my own
behalf or on behalf of my firm agency or trust.
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Revised 12/28/00
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Subject:
january 17, 2006
Planning Case No. LRP2005-000 I 0
Request to annex approximately 23.22 acres into the City
Date:
Request: An application for Annexation was submitted to the Springfield Planning Division on March I,
2005, for property located south of Jasper Road near 40th Place and Filbert Lane at the southerly limit of
Springfield's UF-I 0 Urbanizable Fringe Overlay District. The proposed annexation area is approximately
23.22 acres and abuts jasper Road on the north, and the jasper Slough on the south. The property
owner of the subject territory, Bruce Wiechert, has requested annexation in order to seek
development of the site in the future with single-family residential uses, consistent with the standards of
the Low Density Residential (LDR) zoning district. If annexation.is approved, the owner proposes to
develop a 101- lot single family residential subdivision on the subject property. The applicant has
submitted a concurrent Subdivision Tentative Plan application.
Site Information: The subject territory is described as Assessor's Map Number, 18-02-06-41, Tax
Lot 4800 and more accurately described in Attachment I. The proposed. annexation area is contiguous
with the Springfield city limits along its northern boundary with Jasper Road, which was annexed in
1996-1997, and along a portion of its western border (Arolla - LRP 2005-00004). which was annexed in
2005.
Existing Use: The property is currently in agricultural use (filbert orchard). There are no existing
improvements on the property.
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Zoning and Plan Designations: The Springfield Zoning and Metro Plan designations are Low Density
Residential (LDR). The abutting properties to the east and west are zoned ~DR. The land .to the
northwest has recently been annexed and is being developed as the Golden Eagle Subdivision. Land to
the southwest is in the UGB. Land to the east is zoned LDR and is in the UGB. The property to the
south across jasper Slough. is outside the UGB. Land north of jasper Road is in the UGB.
Natural Features: The subject property includes the northern Y2 of the jasper Slough channel, which
is identified as Water Quality Limited Watercourse by the City of Springfield. The Slough is a tributary
to the Springfield Mill Race. The slough has associated wetlands along its channel. A statement in the
applicant's narrative refers to a wetland determination performed by Schott & Associates. The applicant
states that "no development is proposed within the existing slough, and that the only disturbance that will occur
in the slough will be as necessary to extend a storm outfall to. the slough and the possible removal of non-native
vegetation."
Development setbacks from the watercourse and wetlands and riparian area restoration/enhancement
will be required when the property is subdivided, in accordance with SDC 35.055 (I )(b) and (3){a-g).
The required development setback/riparian area for the jasper Slough will be 50' from top of bank.
According to FIRM Map Number 41 039C I I 62F, portions of the site are within the 100-year floodplain
Zone AE and 500-year flood plain Zone X5.
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Discussion: The proposal vyas distributed to Development Review Committee members for
evaluation of the ability to provide/extend the minimum level of key urban services as specified in SDC
Article 6 Annexation, Section 6.030(2){a), and Metro Plan Policy 7.a., page II-B-4. Key urban services are
describes as: "sanitary sewers, solid waste management, water service, fire and emergency medical
servic'es, police protection, parks and recreation programs, electrical service, land use controls,
communication facilities, and public schools on a district-wide basis (in other words, not within walking
Annexation - Wiechert LRP2005-0000 I 0
ATTACHMENT
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distance of all students served). Paved streets with adequate provision for storm water runoff and
pedestrian travel, meeting applicable local policies, are important, particularly in new developments and
along existing streets heavily used by pedestrians." .
Availability of Key Urban Services:
Sanitary Sewers
An existing 27- inch sanitary sewer line in jasper Road has available capacity to serve the annexation
area. Two existing 8~inch sanitary main stub extensions are available and are at sufficient depth to serve
the property upon annexation.
Storm Water Management
Pursuant to the City's plan for the jasper Road project constructed by the City in 1997, the northerly
100 feet of the Property is planned to receive stormwater management service via the jasper Road
stormwater system improvements. The remainder of the Property is planned to receive serv.ice via
connection to the jasper Slough. Improvements to the jasper Slough have been identified by the City in
the Public Facilities and SelYices Plan, to provide stormwater service to the Property and other lands
within the City's Urban Growth Boundary (UGB). New stormwater management systems will need to
be extended through and/or across the Property to provide future stormwater service to abutting
developed and undeveloped lands within the Springfield UGB that do not currently have public
stormwater service. In addition, a new stormwater treatment facility and outfall into jasper Slough are
required for stormwater flows from the Property and the abutting properties. Provision for
construction of these improvements is included in an Annexation Agreement which has been negotiated
and agreed upon by the Owner and the City of Springfield.
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Water Service
Upon Annexation, Springfield Utility Board (SUB) will provide water service to the property. SUB
Water Department has reviewed this application and the applicant's concurrent Subdivision Tentative
Plan application. .
Solid Waste Management
The City and Sanipac have an exclusive franchise arrangement for waste management service inside the
city limits. Upon annexation, Sanipac will serve this propeirty.
Fire and Emergency Medical Services
The Fire Marshall reviewed the application and has determined that fire and emergency services are
available to serve the site upon annexation. According to the GIS map dated July 2004, the subject
property is located within the four minute response time area of Springfield Fire and Life Safety Fire
Station 2. Access is provided by jasper Road on the northern boundary of the site. HydrantH-1159
provides water supply at the corner of jasper Road and 40th Place. Further development of the
property will require extension of access and water supply for fire department services. The. Fire Code
requires development of more than 30 homes to have secondary access road capable of supporting
emergency vehicles.
Transportation Services
The City Transportation Engineer has reviewed the application and has determined that jasper Road, a
fully improved street, abuts the property on the north side, thus public street facilities are immediately
available to serve the site. In addition, three planned public street rights-of-way abut the subject
property. The site is within Lane Transit District's service area.
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Annexation - Wiechert LRP2005-0000 I 0
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Police Protection
Upon annexation the area will receive police protection from the City of Springfield, consistent with
service provision throughout the city and with serv.ice that is now provided to adjacent properties.
jasper Road directly abuts the site and provides immediate access to the proposed annexation area.
The subject property is within Lane Transit District's service area.
Parks and Recreation Programs
After annexation, the subject property will be within the WiIlamalane Park and Recreation District
boundary. City residents receive park and recreation services from the District. The District operates
two aquatic centers, a Community Center, an Adult Activity Center. and 31 parks containing a variety of
outdoor recreational amenities. The location of the annexation area, south of jasper Road, is identified
in Willamalane's Comprehensive Plan as a residential area underserved by neighborhood parks. There
are two existing neighborhood parks north of jasper Road: Douglas Gardens Park at 3455 S. Redwood
Drive, and Volunteer Park, at 4350 Mt. Vernon Street, but in performing their needs assessments,
Willamalane considers streets like jasper Road as barriers for safe walking access when analyzing
service area radii around neighborhood parks. Other nearby recreational opportunities include
Clearwater Park, a special use park with Willamette River access, which is located south of jasper Road,
at the end of Clearwater Lane. WiIlamalane levies System Development Charges for residential
development when building permits are issued.
Electric Service
Springfield Utility Board (SUB) provides electrical service to this area. Electric service connection is
available in jasper Road.
land Use Controls
The City and Lane County adopted an intergovernmental agreement in 1987 transferring all building and
planning authority in the urban transition area from Lane County to Springfield. Since enactment of that
agreement the City's Development Services Department has provided all planning and building functions
for the citizens and property owners of the subject property. The City of Springfield Development
. Services Department will continue to provide land. use control for the site after annexation.
Communication Facilities
Qwest and Comcast currently provide telephone and cable communication service in this area for and
an array of wireless companies provide a number of different communication services. The City has no
exclusive franchise arrangements with telecommunication or wireless companies. The field is
competitive and therefore guarantees a wide selection currently and upon annexation.
Public Schools
The annexation area is within the boundaries of.Springfield District 19. The school district has not
registered opposition to this annexation request. Schools are Mount Vernon Elementary. Agnes Stewart
Middle and Springfield High School.
Annexation - Wiechert LRP2005-0000 t 0
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ANNEXATION AGREEMENT
This Annexation Agreement ("Agreement") is made between the City of Springfield, an
Oregon municipal corporation ("City") and Bruce Wiechert, ("WIECHERT").
RECITALS
A. WIECHERT owns the parcel(s) ofland legally described in Exhibit A, the Property, and shown
on the map attached as Exhibit B. The property is proximate to the jurisdictional limits of the
City and is subject to annexation by the Lane County Local Government Boundary
Commission ("Boundary Commission") following minor boundary change processes.
B. WIECHERT has submitted to the City an Annexation Application Joumal No. LRP2005-
00010, dated February 28,2005, for Assessor's Map No. 18-02-06-41, Lot 4800 ("Property").
C. WIECHERT wishes to annex the Property to the City and seeks support from the City for the
annexation before the Boundary Commission. The Springfield Common Council has adopted
Resolution No. ~t>3 supporting the annexation.
D. The Property is currently designated as Low Density Residential on the Metro Plan and is
zoned LDR/UF-10 according to the Springfield Zoning Map.
E. Annexation of the Property requires a showing under SDC 6.030(2) that the Property can be
provided with the minimum level of key urban facilities and services as described in the Metro
Plan Policy 8a, and such showing is supported by the substantial evidence in the record of the
proceeding on this annexation. City staff has determined the minimum level of key urban
services is currently available to the Property with the exception of public sanitary sewer
service, public stormwater management service, and street connectivity to adjoining property
that fully meet City Standards. The purpose of this Agreement is to memorialize WIECHERT's
and City's commitment and agreement to the allocation of financial responsibility for public
facilities and services for the property and other users of the facilities, sufficient to meet the
City's requirements for the provision of key urban services including public sanitary sewer,
stormwater, and transportation services necessary for an affirmative City recommendation for
the annexation request.
After Recording, Return to:
Place Bar Code Sticker Here:
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
Division of Chief Depuly Clerk ~nne.nnoe~e
Lane Counly Deeds and Records 'VVU VVUU~U
11111111111 111I111111111I1111111111111I1111111111 $61.00
00779330200600086960100101
02/08/2006 09:40:50 AM
RPR-ANNX Cnl=l Sln=5 CASHIER 02
$50.00 $11.00
ANNEXATION AGREEMENT - Page 1 of~11 0
(Revision Date I II 2/06)
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F. A public sanitary sewer system with sufficient capacity to serve the Property and other existing
and proposed land uses in the vicinityofthe Property is necessary to support a finding that this
key urban service is available to serve the Property.
G. An existing public sanitary sewer system is located along the northerly boundary of the
Property within Jasper Road and includes two sanitary sewer main stub extensions to the
Property. However, new sanitary sewer mains will need to be extended through and/or across
the Property to provide future sanitary sewer service to abutting developed and undeveloped
properties that do not currently have public sanitary sewer service. These new sewer mains
shall hereinafter be referred to as the "Sewer Main Extensions".
H. A public stormwater management system with sufficient capacity to serve the Property and
other existing and proposed land uses in the vicinity of the Property is also necessary to support
a finding that this key urban service is available to serve the Property.
1. The Property is currently used as an orchard and the stormwater runoff patterns from the
Property generally flow southerly to the Jasper Slough, which is located along the southerly
boundary ofthe Property. Pursuant to the City's plan for the Jasper Road project constructed
by the City in 1997, the northerly 100 feet of the Property is planned to re~eive stormwater
management service via the Jasper Road stormwater system improvements. The remainder of
the Property is planned to receive service via connection to the Jasper Slough. Improvements
to the Jasper Slough have been identified by the City in Public Facilities and Services Plan, to
provide stormwater service to the Property and other lands within the City's Urban Growth
Boundary (UGB). New stormwater management systems will need to be extended through
and/or across the Property to provide future stormwater service to abutting developed and
undeveloped lands within the Springfield UGB that do not currently have public stormwater
service. In addition, a new stormwater treatment facility and outfall into Jasper Slough are
required for stormwater flows from the Property and the abutting properties.
J. An interconnected transportation system with the existing and proposed land uses in the
vicinity of the Property is also required in order to provide access and a transportation system
for the provision of Fire and Life Safety services to and from the annexed property.
K. One existing and three planned public street rights-of-way abut the Property as follows:
· Richland Street is an unimproved street that abuts the southwesterly boundary of
the property;
· One planned street abuts the northwesterly boundary of the property; and
· Two planned streets abut the easterly boundary of the property.
L. In order to facilitate orderly development of the Property and ensure the full provision of key
urban services that are satisfactory to the City and meet the City's conditions for an affirmative
recommendation for annexation to the Boundary Commission, and in exchange for the
obligations of the City set forth below, WIECHERT shall comply with all requirements
imposed on WIECHERT in this Agreement.
(Revision Date 1/12/06)
ANNEXATION AGREEMENT-Page 2 of~K 10
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Now, therefore based upon the foregoing Recitals, which are specifically made a part ofthis
Agreement, the parties agree as follows:
AGREEMENT
1. Obligations of WIECHERT. Consistent with the above recitals and subject to the issuance of
subdivision and public improvement plan approvals, WIECHERT agrees to perform the obligations set
forth in this section.
1.1 Apply for Subdivision Tentative Plan approval, pursuant to Springfield Development
Code Article 35, from the City for a residential subdivision on the Property within six
(6) months of the effective date of the Boundary Commission's approval of
WIECHERT's annexation request. This section is subject to the requirements of
Section 6, below.
1.2 Apply for, and obtain, Subdivision Plat approval pursuant to Springfield Development
Code Article 35, from the City for a residential subdivision on the Property within two
(2) years, unless extended by the City, of the date of the Limited Land Use Decision
issued by the City for any Subdivision Tentative Plan approval issued pursuant to
Section 1.1, above. This section is subject to the requirements of Section 8, below.
1.3 Develop on-site and off-site public sanitary sewer conveyance systems to provide
sanitary sewer service to the development as follows:
1.3.1 Subject to City Engineer approval of the requisite public improvement plans,
WIECHERT agrees to pay for and construct public Sewer Main Extensions
within the Property in an orderly and efficient manner such that development of
the Property is served as well as tributary sanitary sewer service areas within the
Springfield UGB via the existing and planned abutting public rights-of-way.
The boundary tributary service areas shall be determined by the sanitary sewer
studies which will be submitted during the Tentative Plan approval process. All
sewer studies are subject to City Engineer approval.
1.4 Develop on-site and off-site public stormwater management systems to provide
drainage service to the development as follows:
1.4.1 Subject to City Engineer approval ofthe requisite public improvement plans,
construct public stormwater management systems to collect, treat, convey and
discharge stormwater from the Property and the upstream tributary areas within
the Springfield UGB to an approved outfall into the Jasper Slough. Prior to
occupancy approval for any new dwelling on the Property, said stormwater
management systems shall be fully functional to the satisfaction of the City
Engineer. The boundary tributary service areas shall be detem1inedby the storm
sewer studies which will be submitted during the Tentative Plan approval
process. All sewer studies are subject to City Engineer approval.
(Revision Date 1/12/06)
ANNEXA nON AGREEMENT - Page 3 of l' ~ 10
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1.4.2 Prepare the studies, plans, pemlitapplications, and other supporting
documentation to obtain the pemlits and other approvals necessary to construct
the stomlwater management system and to construct an outfall and discharge
stormwater runoff into the Jasper Slough.
1.4.3 For the purposes of long-term wetland and riparian area management and
protection, as well as provision of stormwater management systems to serve
both the Property and Stormwater System Extensions, dedicate to City on the
Subdivision Plat that portion ofthe Property that lies within Jasper Slough and
any existing wetlands, as well as the riparian area setback for the Jasper Slough
as determined by Article 35.055. The boundaries of said dedication shall be
determined based upon the above purposes as well as any additional land needed
to fully accommodate the function and maintenance of these systems to comply
with federal, state, and local requirements. Actual boundaries ofthis dedication
will be determined during the Subdivision Tentative Plan review. Said
dedication shall hereinafter be referred to as the "Riparian Area Dedication."
1.4.4 WIECHERT and the City shall share in the cost to construct the stormwater
management systems described herein as follows:
1.4.4.1 WIECHERT shall bear the full cost to construct all of the stormwater
management systems located within the boundaries of the Property
necessary to accommodate flows generated from the development of the
Property and to extend these systems to the boundaries of the Property at
each public street extension described in Section 1.5. City shall pay the
cost to increase the size and/or depth of the stormwater management
systems to accommodate flows generated by lands that are tributary to
the Property. The City share of the cost shall be provided as described in
Section 2.3 of this Agreement.
1.4.4.2 WIECHERT and the City shall share the cost to construct all of the
necessary stormwater management systems located within the
boundaries of the Riparian Area Dedication and any other portion of the
system that may be located outside of the boundary of the Property. The
City share of the cost shall be provided as described in Section 2.3 of this
Agreement.
1.5 Subject to Subdivision Tentative Plan approval and City Engineer approval of the
requisite public improvement plans, WIECHERT shall bear the full cost and obligation
to develop and construct a fully-improved on-site public street system to provide for the
logical and orderly extension of the following public streets:
1.5.1 Richland Street shall be extended from the southwesterly boundary of the
Property to the southeasterly boundary of the Property in a location to be
determined during Subdivision Tentative Plan review.
(Revision Date 1/]2/06)
ANNEXA nON AGREEMENT - Page 4 of f ( Iv
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1.5.2 One additional street connection to the northwesterly boundary of the Property
in a location to be detennined during Subdivision Tentative Plan review.
1.5.3 One additional street connection to the northeasterly boundary. of the Property in
a location to be determined during Subdivision Tentative Plan review.
1.6 Provide and be financially responsible, including the constmction and maintenance
thereof, for the provision of any additional urban facilities and services identified during
the review and approval of the Subdivision Tentative Plan and/or the public
improvement plans as necessary to serve the development of the Property.
1.7 In determining WIECHERT's share of costs for the improvements described in this
Agreement, the full cost for the provision of the improvements at the time of
construction shall be used. For the purposes of this Agreement, the full cost shall
include but not be limited to design; construction; acquisition of land and/or easements;
studies; permits from all agencies having jurisdiction; attorney's fees; and all other costs
reasonably associated with the implementation of the needed improvements.
2. Obligations of City. Consistent with the above Recitals, City agrees to:
2.1
Initiate and support annexation of the Property to the City of Springfield before the
Boundary Commission and support WIECHERT's defense of any appeal of a decision
of the Boundary Commission annexing the Property to the City. However, the City will
not assume any financial responsibility to provide legal counsel on appeal.
2.2 Conduct the timely review and decision making of the Subdivision Tentative Plans,
Subdivision Plats, and Public Improvement Plan applications in accordance with City
procedures for the development of the Property.
2.3 City agrees to reimburse WIECHERT as follows:
2.3.1 The full amount of the Stormwater Systems Development Charges (SDC's) that
may be collected during the development of the property. The timing and
process for said Stormwater SDC reimbursement shall be addressed in a
separate agreement between the City and WIECHERT prior to City Engineer
approval of the public improvement plans for the subdivision ofthe Property.
2.3.2 $25,000 in partial consideration for additional street construction costs that
WIECHERT will incur to provide public streets to and abutting the Riparian
Area Dedication.
2.3.3 Said reimbursements will be made by City upon receipt of an Invoice from
WIECHERT following City acceptance of the public improvements required for
the development of the Property as a residential subdivision.
ANNEXA nON AGREEMENT - Page 5 of r I/o
(Revision Date 1/12/06)
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3. Covenants Running With the Land. It is the intention of the parties that the covenants herein
are necessary for the annexation and development of the property and as such shall run with Property
and shall be binding upon the heirs, executors, assigns, administrators, and successors ofthe parties
hereto, and shall be construed to be a benefit and burden upon the Property. This Agreement shall be
recorded upon its execution in the Land County Deeds and Records. Except as set forth in Section
1.2.1, this Agreement may be assigned by WIECHERT and shall benefit any assigns or successors in
interest to WIECHERT. Execution of this Agreement is a precondition to the support of the City of
Springfield for annexation of the property described in Exhibit A for the City of Springfield.
Accordingly, the City retains all rights for enforcement of this Agreement.
4. Limitations on the Development. No portion of the Property shall be developed prior to the
approval of a Subdivision Tentative Plan. For the purposes of this Agreement, "developed" shall mean
and include, but not be limited to, clearing; grading; construction of public or private structures or
infrastructure; or any other activities that are not directly or indirectly related to the current agricultural
use of the Property.
5. Waiver of Right of Remonstrance. WIECHERT agrees to sign any and all waivers, petitions,
consents and all other documents necessary to obtain the public facilities and services described herein
as benefiting the Property, under any Improvement Act or proceeding of the State of Oregon, Lane
County or the City of Springfield and to waive all rights to remonstrate against these improvements.
WIECHERT does not waive the right to protest the amount or manner of spreading the assessment
thereof, ifthe assessment appears to WIECHERT to be inequitable or operate unfairly upon the
Property. WIECHERT waives any right to file a written remonstrance against these improvements.
WIECHERT does not waive its right to comment upon any proposed local improvement district or any
related matters orally or in writing.
6. Land Use. Nothing in this Agreement shall be construed as waiving any requirements-of the
Springfield Development Code or Springfield Municipal Code which may be applicable to the use and
development of this Property. Nothing herein shall be construed as City providing or agreeing to
provide approval of any building, land use, or other development application or land and drainage
alteration permit application submitted by WIECHERT.
7. Dolan. WIECHERT knows and understands its rights under Dolan v. Citv of Tigard and by
entering into this Annexation Agreement hereby waives any requirement that the City demonstrate the
public improvements and other obligations of WIECHERT, for payments, financial responsibility and
reimbursements set forth in Section 1, required herein are roughly proportional to the impacts of the
development of the Property. WIECHERT further waives any cause of action it may have pursuant to
Dolan v. City of Tigard and its progeny arising out of the actions described herein.
8. Measure 37. WIECHERT knows and understands any rights it may have under Oregon
Revised Statutes Chapter 197 as amended by Ballot Measure 37 passed November 2,2004.
WIECHERT for itself and its heirs, successors, and assigns hereby waives any claim or cause of action
it may have under such ORS provisions against the City of Springfield.
(Revision Date 1/12/06)
ANNEXA nON AGREEMENT - Page 6 of rt /0.
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9. Modification of Agreement. This Agreement may only be modified in writing signed by both
parties. Any modifications to this agreement shall require the approval of the Springfield City
Council. This Agreement shall not be modified such that the key urban facilities and services as
defined in the Metro Plan Policy 8a, p.II-B-4 and as required herein are not provided in a timely
manner to the property.
10. Mutual Cooperation. City and WIECHERT shall endeavor to mutually cooperate with each
other in implementing the various matters contained herein.
II. Invalidity/Severability. If any provision ofthis Agreement shall be deemed unenforceable or
invalid, such enforceability or invalidity shall not affect the enforceability or validity of any other
provision of this Agreement. The validity, meaning, enforceability, and effect of the Agreement and
the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the
State of Oregon.
DATED this JZl day of -[..II.lA4'Y' 2006.
IN WITNESS WHEREOF, the WIECHERT and City have executed this Agreement as of the date first
herein above written.
:U~HERT
STATE OF OREGON } SS
COUNTY OF C5j""~
BE IT REMEMBERED that 0: th~: /z. day 00 . , 200? before me, the
undersigned, a notary public in and for sa:~e, parsonally appeared the within named
BRUCE WIECHERT whose identity was proved to me on the basis of satisfactory evidence and who executed
the within instrument and acknowledged to me that he executed the same freely and voluntarily
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last
above written. ~
. . OFFICIAL SEAL ... .. .. X V
(f).- . SARAH J VAOIRLEGON ~otary Public for on.
:--. .', NOTARY PUBLlC-
\. ';j'/ COMMISSION NO. 374103 .
~ MY COMMISSION EXPIRES JANUARY 7. 2008 / - 7 _ ~
My Commission Expires
CITY OF SPRINGFIELD
By: ~nte~er
. :Vtr.:-V'JEO & APPROVED
~'~=~M ~ l~\~
. ,:,.:. \ 12~l9..b
--- . I
,c:r-::!CEOF CITYATTOqNEY
(Revision Date 1112/06)
ANNEXA TION AGREEMENT - Page 7 of 1/J / zJ
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STA TE OF OREGON
COUNTY OF LANE
} SS
BE IT REMEMBERED that on this 2.3 day of ~L\ax- ~' 200b
before me, the undersigned, a notary publi . and for said County
and State, personally appeared the within named Cynthia Pappas whose identity was proved to me on
the basis of satisfactory evidence and who by me duly sworn, did say that she is the Interim City
Manager of the within named mlmicipal corporation and does acknowledge said instrument to be the
free act and deed of said municipal corporation, and that the seal affixed to said instrument is the
Corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf
of said municipal corporation by authority of its City Council
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
'- .~ ,:OFFi6'iA( s€A .~:ft-
. ,I', JULIE M WI.LSON
./ . NOTARY PUBlIC-~EGO
'. <-;". '.. ,COMMISSION NO' 7 3
. \ MY COMMIS~IO~ EXPI~~~ 4 009
OFFICIAL SEAL ~~
JULIE M WILSON c..J/
NOTARY PUBLIC. OREGON
COMMISSION NO. 397943
MY COMMISSION EXPIRES OCT. 4, 2009
~\~-e, ~. ~
NOTARY PUBLIC FOR OREGON
\O-y-oq
MY COMMISSION EXPIRES
(Revision Date 1/12/06)
ANNEXA TION AGREEMENT - Page 8 oft I (J
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EXHIBIT "A"
Beginning at the northeast comer of Parcel 1 of Land Partition Plat Number 93-P0422, as platted and
recorded in the Lane County Oregon Plat Records, Lane County, Oregon; said point lying on the south
right-of-way of Jasper Road and thirty feet from the centerline thereof; thence South 89018'33" East,
along said right-of-way, a distance of 720.06 feet; thence, leaving the right-of-way of Jasper Road South
0018'20" West a distance of 1283.21 feet to a point in the center ofa slough; thence, along the centerline
of said slough South 56023' 46" West a distance of 228.43 feet; thence South 85051' 16" West a distance
of385.53 feet; thence North 63003' 44" West a distance of 156.55 feet; thence, leaving said centerline,
North 0024'46" East a distance of 62.09 feet; thence North 89007'24" West a distance of 6.27 feet to the
southeast comer of the afore-described Partition; thence, along the east line of said Partition, North
0018'20" East a distance of 1313.08 feet to the Point of Beginning.
Containing 23.181 acres, more or less, lying in the City of Springfield, Lane County, Oregon.
P:\214805\SURVEY\LEGAL DESC.doc
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23.181 ACRES MIL
PROJECT TITLE
FILBERT MEADOWS SUBDIVISION
SPRINGFIELD, OREGON
SHEET TITLE
EXHIBIT "B"
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PROJECT NO:
214805
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PLAN SCALE
200
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DA TE
01/30/06
SHEET NO
FILEN~.ME
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DESIGNER:
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A
EXH liB 11